U.S. Bankruptcy Court Where a Chapter 11 debtor in possession has rejected a commercial lease, payment of rent into escrow is appropriate, as it would be inequitable for […]
Bankruptcy – Homestead – Spouse
U.S. Bankruptcy Court Where a Chapter 13 debtor failed to identify his non-titled spouse on the debtor’s homestead declaration as required by the Massachusetts homestead exemption statute, G.L.c.. […]
Bankruptcy – Police power exception – Automatic stay
Where (1) an agency that regulates milk production and distribution revoked a debtor’s dairy license and ordered him to sell his milk production quota rights and (2) when […]
Bankruptcy – Mortgage | Massachusetts Lawyers Weekly
U.S. Bankruptcy Court Where a bank and a trust have objected to a debtor’s reorganization plan, the objections based on a privity of contract dispute should be overruled […]
Bankruptcies jump 16.2 percent | Massachusetts Lawyers Weekly
Personal and business bankruptcy filings rose 16.2 percent in the 12-month period ending Sept. 30, compared with the previous year, according to the latest quarterly report released by […]
Insurer can’t invade debtor’s homestead to recoup $290K overpayment
Matthew J. Hamel (left) and Richard S. Ravosa Jr., attorneys for debtor A U.S. Bankruptcy Court judge has held that an insurance company could not invade a Chapter […]
Bankruptcy – Homestead | Massachusetts Lawyers Weekly
U.S. Bankruptcy Court Where an unsecured judgment creditor has objected to a claimed homestead exemption, the objection should be overruled because the creditor has failed to sustain its […]
Bankruptcy – Bad faith – Dismissal
U.S. Bankruptcy Court Where a motion has been filed seeking to dismiss a debtor’s Chapter 13 case for “cause” as having been filed in bad faith under 11 […]
Bankruptcy – Loans – Judgment debt
Listen to this article Where a creditor who made loans to assist a debtor in opening a restaurant obtained a default judgment in the amount of $77,851.34 against […]
Trustee cannot reopen completed Chapter 13 cases
Listen to this article A bankruptcy trustee could not reopen three Chapter 13 cases and convert them to Chapter 7 in order to administer undisclosed assets for the […]